83R13375 MCK-F
By: Wu H.B. No. 3259
A BILL TO BE ENTITLED
AN ACT
relating to the ownership of and access to certain investigation
records in child abuse and neglect cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.0145(a), Family Code, is amended to
read as follows:
(a) In this section, "case record" means those files,
reports, records, communications, audiotapes, video recordings
[videotapes], or working papers under the custody and control of
the department that are collected, developed, or used:
(1) in a child abuse or neglect investigation; or
(2) in providing services as a result of an
investigation, including substitute care services for a child.
SECTION 2. Sections 264.408(d), (d-1), and (e), Family
Code, are amended to read as follows:
(d) A video recording of an [videotaped] interview of a
child that is made at a center is the property of the prosecuting
attorney involved in the criminal prosecution of the case involving
the child. If no criminal prosecution occurs, the video recording
[videotaped interview] is the property of the attorney involved in
representing the department in a civil action alleging child abuse
or neglect. If the matter involving the child is not prosecuted,
the video recording [videotape] is the property of the department
if the matter is an investigation by the department of abuse or
neglect. If the department is not investigating or has not
investigated the matter, the video recording [videotape] is the
property of the agency that referred the matter to the center. If
the center employs a custodian of records for video recordings of
[videotaped] interviews of children, the center is responsible for
the custody of the video recording [videotape]. A video recording
of an [videotaped] interview may be shared with other agencies
under a written agreement.
(d-1) A video recording of an [videotaped] interview
described by Subsection (d) is subject to production under Article
39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
Evidence. A court shall deny any request by a defendant to copy,
photograph, duplicate, or otherwise reproduce a video recording, or
the audio portion of a video recording, [videotape] of an interview
described by Subsection (d), provided that the prosecuting attorney
makes the video recording [videotape] reasonably available to the
defendant in the same manner as property or material may be made
available to defendants, attorneys, and expert witnesses under
Article 39.15(d), Code of Criminal Procedure.
(e) The department shall be allowed access to a center's
video recordings of [videotaped] interviews of children.
SECTION 3. This Act takes effect September 1, 2013.